Marital Relationship: Guardianship and Wifely Devotion

Marital Relationship: Guardianship and Wifely Devotion*

Rachid Qahous**

Family has a special place and an area of focus in Islam. Islam encourages us to protect and strengthen this institution and preserves the rights of its members, and has viewed it as a microcosm of the larger society and a cornerstone of every society. It is the first cradle and pasture for any child where every he can build his own character throughout all stages of his life and acquire his morals and beliefs. Therefore, the pure Shariah has strongly ringfenced it and has set a distinguished system to protect it from all kinds of harm. It has also prescribed a set of rules and regulations to determine the rights and duties of spouses. In fact, tasks and responsibilities are distributed according to the physical and psychological capacity of each person. In addition, the goal is to build a happy family promoting consultation, tolerance, cooperation, altruism, love, affection, and mercy which will promote for, tranquillity, serenity, and stability prevail in society which guarantees a life apart from disintegration and breakdown.

In light of that, the most important duties and responsibilities of a family are mentioned in the Quran and Sunnah which identify the responsibility of guardianship and devotion for men and women, respectively. AllahAlmighty says:

“Men are the caretakers of women, as men have been provisioned by Allah over women and tasked with supporting them financially. And righteous women are devoutly obedient and, when alone, protective of what Allah has entrusted them with…” (4: 34)

This is an obligation for the spouses. Through this, they can achieve their purpose in life, protect their family from deviations and internal problems, lead a happy life, and protect its members from division and temporal temptations.

This marital responsibility is an obligation based on a firm covenant between a man and a woman which is the legitimate marriage contract. In fact, marital responsibility, here, means all the commitments, duties and tasks which provide all family members with their necessary needs in this earthly life and the afterlife and help them feel satisfied and happy. In Islam, distributing marital responsibility does not depend on whims or biased thoughts, as some feminists claim. In fact, it is a fair distribution and an obligation for each family member. Responsibilities are distributed according to the natural, physical, psychological, and biological capacity of each person. In this regard, ‘Abdullah ibn ‘Umar narrated that the Prophet Muhammad (PBUH) said:

“Every one of you is a shepherd and is responsible for his flock. The leader of people is a guardian and is responsible for his subjects. A man is the guardian of his family and he is responsible for them. A woman is the guardian of her husband’s home and his children and she is responsible for them. The servant of a man is a guardian of the property of his master and he is responsible for it. No doubt, every one of you is a shepherd and is responsible for his flock.”[1]

[Al-Bukhari and Muslim].

Naturally, families are established by two different poles by which each one complements the other with their responsibilities and tasks. In addition, they can reach a level of affection that helps them be the best supporters in obedience and worship. Family care also guarantees a healthy environment that relies on firm Islamic rules and focuses on both spiritual and materialistic sides. Through this, the family can reach the Divine duty; vicegerency and worshipping.

If such marital responsibilities are exaggeratedly magnified, marginalized, neglected, or abandoned, this will undoubtedly lead to family breakdown and social fractures. Therefore, we need a neutral profound approach free of any blind imitation to study family responsibilities. We really need a study in light of the Holy Quran, Sunnah, and the Prophetic biography (Application of the Quran) to present solutions for contemporary complex problems amid this materialistic life.

First: Man’s Responsibility (Guardianship):

Islam, through the Holy Quran and Sunnah (Prophetic tradition), states principles to ensure family system sustainability. To achieve this objective, it has distributed responsibilities according to the nature of their capacity. Thus, it has prescribed guardianship for men and devotion for women. In fact, the difference in duties and responsibilities is healthy and necessary for the Muslim community all the time, as it is the Divine law of diversity. Hence, families seeking Allah’s satisfaction share deep strong ties. In a war of an ego and the disagreement over responsibility distributions, demons seek to devour marital life, as they overshadow it by distress and worries. Furthermore, Allah Almighty assigned guardianship to men. In fact, guardianship is a Divine obligation and a necessary organizational strategy. What is the definition of guardianship? What about its reasons and limits? To what extent does the Saying of Allah Almighty “…although men have a degree ˹of responsibility˺ above them…” (2:228) reflect its meaning?

1. Guardianship: Definition, Reasons and Limits

A- The Essence of Guardianship

Guardianship in Arabic means “Al-Qawāmah“. Linguistically, “Al-Qawāmah” refers to the action of someone who undertook the affair; took, or imposed, it upon himself. “Al-Qiwamah” refers to a person who is responsible for an affair. “Al-Qayym” means the leader who regulates the affairs of his people. The adjective “Qawwam” also describes the one who manages the domestic affairs of his family. It is also used to describe the relationship between the monarch and his parish. It reflects the meaning of care and preservation. Thus, “Qayym” is an adjective describing the husband[2], as he governs and protects his wife.

Technically, “Al-Qawāmah” means to manage the family and fulfil its domestic affairs without any tyranny, arrogance, oppression and without marginalizing woman’s personality and rights. “Al-Qyām” refers to the duty of men to take care of women’s interests, as men are the caretakers of women…[3]. In fact, “Al-Qawāmah” is sustenance, care, and financial support[4]. Thus, guardianship can be divided into two parts: general or major guardianship; (i.e.: rulers over the citizens), and special or minor guardianship (i.e.: A man managing the domestic affairs, by regulating life, money, marriage, and divorce. According to the word usages of Fiqh scholars, the term “Al-Qawāmah” refers to two types of trusteeship; acquired trusteeship and legitimate/original trusteeship.

Acquired Mandates:

• A mandate delegated by the judge to an adult, to properly manage the financial affairs of the minor. In this case, Fiqh scholars often call the guardian “Waṣi Al-Qādy” (judge’s guardian), while the Malikis call the guardian “Muqadem Al-Qādy” (judge’s presenter).
• A mandate by which the owner is authorized to preserve the endowed deedto keep its value and guarantee its growth following the endower’s condition.

Legitimate/Original Mandates:

• A mandateby which the husband is authorized to manage his family’s affairs, provide his family with their needs and necessities, and guarantee the safety of its members. [Note: This is the scope of our article.]

All the linguistic and technical meanings mentioned are coherent and complementary, as they prove that guardianship means maintenance, care, sustenance, protection, duty, and responsibility. Man’s Guardianship means providing his family with all life necessities, including housing, food and clothing, in addition to what is related to eternal life, by teaching them their religion and showing them the path that will save them from Hell. In this regard, Allah Almighty says:

“O believers! Protect yourselves and your families from a Fire whose fuel is people and stones, overseen by formidable and severe angels, who never disobey whatever Allah orders—always doing as commanded.” [66: 6].

In addition, man’s guardianship is deduced from the Saying of Allah Almighty: “Men are the caretakers of women, as men have been provisioned by Allah over women and tasked with supporting them financially…” (4:34). This Verse explains the reasons for such guardianship. First, it is instinctive, as Allah, glorified and exalted be He, says: “…as men have been provisioned by Allah over women…” in reason, deeds, and character. Second, it is acquired, as Allah Almighty says: “…and tasked with supporting them financially…”. This is because man is the one who pays the dowry (Mahr). He is the one who is entrusted with the task of defending and financially supporting his wife. He is the one who can stay up all night to ensure the stability of his family. According to a book of Tafsir entitled “Al-Muḥarar Al-Wajeez” commenting on the Verse: “Men are the caretakers of women“, the word “Qawwam” comes as Sightat Mubalaghah to assert that men have the upper hand as they have the authority over women, and they are their protectors. In this regard, Ibn ‘Abbas said: “Men are in charge of women”[5]. Whoever reflects on the expressions of “the upper hand” and “the authority over women” may find a kind of rigidity in interpreting the Verse of guardianship. In fact, guardianship is not tyranny, captivity, or superiority. Yet, it is based on mercy, affection, compassion, consultation, and friendly argument. It is not a military institution! The aim of this guardianship is to build a true serenity between the spouses. Allah Almighty says:

“And one of His signs is that He created for you spouses from among yourselves so that you may find comfort in them. And He has placed between you compassion and mercy. Surely in this are signs for people who reflect.” (30: 21).

In addition, Allah Almighty says:

“He is the One Who created you from a single soul, then from it made its spouse so he may find comfort in her. After he had been united with her, she carried a light burden that developed gradually. When it grew heavy, they prayed to Allah, their Lord, “If you grant us good offspring, we will certainly be grateful.” (7:189).

Hence, the house, which is full of love, companionship, harmony, understanding, compassion, and cooperation in goodness, can achieve eternal happiness in this world and the afterlife. A husband, who is a tough and harsh-hearted person; showing no tenderness, empathy, consultation, or cooperation, is the reason for all the afflictions and calamities facing Muslim families nowadays. Moreover, if love, compassion, mercy, and understanding are absent, grudge, hatred, cruelty, and destruction will prevail. It is crystal clear; this is an evident loss in this earthly life and the Hereafter.

Discussing the essence of guardianship, Sheikh Ash-Sha’rawi[6] (may Allah have mercy on him) stated: “If it is said: “A person is standing beside someone else.” (In Arabic it means Qā’im), what does that mean? This may denote that one person is sitting, and the other is standing. The meaning of caretakers of women is that they are assigned to take care of them and financially support them. Guardianship is an obligation set for every man. It requires effort, movement, and hard work to earn money. On the other hand, women are assigned to carry a burden that is unbearable for men. For this burden, she is the chosen one, as man was not created for pregnancy or childbirth. Yet, when reflecting on both burdens, we will find that they are complementary. Man has guardianship through livelihood. Thus, feelings of tenderness, care, and kindness are not added to his dictionary because he is busy in his endeavour. That’s why Allah Almighty allows all the means for a woman to carry out her duties. Without carrying the burdens of guardianship, she can dedicate her time to the hard mission for which she was created”[7]. According to Sheikh Ash-Sha’rawi (may Allah have mercy on him), guardianship is the duty of men, because they have psychological, moral, and mental characteristics different than that of women, such as self-strength, resilience, activism, and harshness. On the other hand, wifely devotion (Al-Hāfidhiah) is assigned to women, because unlike men, they are emotional and tender-hearted towards the demands of their beloved child. These features are appropriate for pregnancy, breastfeeding, parenting and her duty to protect her family and herself.

B- Reasons of assigning guardianship to men

Assigning guardianship to men is due to two features; instinctive and acquired features. First, Allah has favoured them with high levels of insight and wisdom in comparison to womenwho have a flowing emotional system that is necessary for motherhood. Second, men are the ones who are responsible for building the family. If it collapses, they are the oneswho will suffer more. Thus, they will think thousands of times before making a decision that dismantles it[8]. In addition, some claim that the financial support mentioned in the Verse of guardianship “and tasked with supporting them financially” refers to the dowry only. Yet, this is a rigidity and misinterpretation. Commenting on this Quranic Verse, Shiekh As-Sa’di[9] stated: “He also assigned them (men) to financially support their wives. Indeed, men are responsible for most of the expenses compared to women. This is the meaning of His saying: “and tasked with supporting them financially“. Linguistically speaking, the object in the original sentence is omitted to indicate all the main financial rights of a wife from her husband.[10] Thus, dowry and other expenses that a man should provide are included[11].

Accordingly, men naturally are qualified to carry the burden of guardianship, supervision, and care in addition to their effort exerted for the sake of their families. Regarding the acquired feature, Money, time, and health are spent on their wives and children. Regarding the instinctive feature, Allah embedded inside men the innate characteristics to make them qualified to bear this heavy burden that requires strength, patience, courage, endurance, and consistency. If we assume that women have a strong body and acute intelligence like men , they hastily return to their nature after experiencing the pains of pregnancy and carrying the burdens of breastfeeding, custody, and parenting, which need a stable environment to guarantee happiness for all family members. [12]. Commenting on Allah’s Saying: “Men are the caretakers of women…”, Sayyid Qutb (may Allah have mercy on him) stated that this Verse specifies that guardianship in any family institution is assigned to men . He explained the reason of men’s guardianship: as they have the characteristics needed for fulfilling guardianship and financially supporting this institution. In addition, men are responsible for preserving the institution from disintegration and protecting it from accidental temptations. Obviously, both males and females are among Allah’s creatures, and Allah Almighty- glory be to Him – does not want to oppress any of His creatures. He Almighty prepares them for a special role and gives them the qualifications necessary to appropriately fulfil this role. Allah created people from a male and a female (spouses) and this is His cosmic law. He created women for pregnancy, childbirth, and breastfeeding. Whereas their roles are major and crucial that are neither trivial nor easy. Fair enough, the second party (husband) must provide the necessary needs and protection for the female so that she could dedicate herself to her crucial role. She is not assigned to carry her baby in her belly then breastfeed him then raising him besides being a working mother who protects herself and her child. For men, they are given the physical, emotional, mental and psychological characteristics suitable for their roles. For women , they are given the physical, emotional, mental and psychological characteristics suitable for their roles. This is a fact. Indeed, your Lord does not oppess anyone..[13]

Therefore, the reason for men’s guardianship is due to their efforts to ensure their families’ stability and protect them from all dangers. From another perspective, Allah, Blessed and Exalted is He, created from everything in two pairs. He set natural characteristics for each one, so the structure of a woman is not like that of a man. He, then, provides each one with the qualification needed to fulfil his/her specific role according to his/her structure and innate nature. This role diversity leads to complementarity between the spouses. Indeed, this proves the ultimate justice and wisdom of Islamic legislation.

Ultimately, human life needs solidity, patience, equanimity, foresight, firmness, wisdom, and socialization, which are inherently male traits, and affection, tenderness, warm-heartedness, care, and softness, which are inherently female traits. This beautiful meaning is mentioned through the Quranic Verse: “And do not crave what Allah has given some of you over others….” [4: 32][14]. For all of this, the divine path takes into account the instinct that Allah created people with, and the characteristics that make them endure different roles. Allah treats no one with injustice. He Almighty grants each one the necessary factors that help him fulfil his responsibility in the best manner, in a way that benefit the whole family.

c- Limits of Guardianship

Pure Islamic legislation made guardianship in the hands of men but without giving them absolute freedom to do whatever they want. But it did not give them the green light to lead their families towards destruction. The guardianship intended is not a weapon against women, a chain of slavery, or a violation of their dignity. Rather, this guardianship has fixed limits and solid restrictions to achieve its goals and objectives of establishing a sound family seeking a straight path. In this regard, Sayyid Qutb (may Allah have mercy on him) said:

This guardianship does not abolish a woman’s personality inside her house or outside, nor does it abolish her “civil” status. Rather, it is a role – a domestic role – to manage, maintain, and protect this important institution. The presence of a guardian in an institution does not negate the existence, personality, or rights of other partners. In fact, Islam has defined, according to other contexts, the characteristics of man’s guardianship which requires feelings of kindness, care, maintenance, protection, and obligations to take care of himself and his money, and etiquette as a husband and a parent[15].

The guardianship of a man over his family, which the Islamic legislation decreed, is originally embedded in his traits. This guardianship is set in favour of the family and the woman herself, as a man’s guardianship is based on mutual affection and mercy. Accordingly, to reach a stable marital life, achieve marriage objectives, and preserve the wife’s interest, the wife should willingly acknowledge the husband’s guardianship according to Islamic legislation. She should willingly accept that he is her guardian, and that guardianship is a fixed reality. On the other hand, every husband should understand the purpose of this divinely assigned guardianship and its core so that he does not misuse it or exaggerate in applying such authority. In fact, it does not aim to suppress the woman or deny her personality, liability and nature as claimed by some closed-minded thinkers. Yet, it aims to emancipate the woman and perpetually protect her. Any woman has the right to express her opinion regarding her family affairs. If a man has this guardianship while woman’s rights and dignity are respected and safeguarded, what is wrong with that? Islam does not aim to dissolve woman’s personality in man’s personality or deny her existence in his presence[16]. Allah Almighty ends the Quranic Verse of guardianship by saying: “…Surely Allah is Most High, All-Great.” [4: 34] to guide every man and warn him not to be arrogant or misuse his authority as highness and greatness are among the attributes of Allah Almighty alone. Hence, guardianship is a protection, in which there is no undermining, derogation, or suppression. In addition, guardianship is custody, partnership, and protection. It is also an obligation. Man’s guardianship does not give him the green light to do what he wants. In fact, Muslim houses are based on what is called the Divine limits[17]; a phrase which is repeated in the Holy Quran twelve times[18]. For example, it is mentioned four times in one Verse[19], and once in the expression “the limits revealed by Allah.” (9:97)[20]. If the house is an educational institution or a corporation, it must have an administrator. This administration does not at all negate the power of consultation, understanding, opinion exchange, and sincerity in seeking mutual interest. This law is applied to all life affairs, so why is the house excluded from it?![21]

Indeed, guardianship is a license for every man. “If a woman decided to be the guardian, she would never be happy or satisfied. This is because she will carry a lot of responsibilities. She will find out that she really needs a strong husband to lean on, to ease her burden and protect her from the villains.”[22] Guardianship is originally based on support, cooperation, complementarity, and friendship between the spouses. It adheres to the Divine limits and commands and follows the Prophetic path and his honourable guidance that enlightens its way and protects it from all kinds of dangers.

D- Guardianship and the degree:

The belief in the degree of men over women is part of our belief in the Quran. It is a privilege established in the Quran and the Sunnah. Allah Almighty says: “…Women have rights similar to those of men equitably, although men have a degree ˹of responsibility˺ above them…” [2: 228]. This Verse is mentioned when discussing the rulings of divorce. Yet, we can generalize the specified, as Fiqh scholars state: “The general term is regarded rather than the particular context.”. Since the degree is established for men in the private affairs of marital life, it is also established in the public affairs of political and social life[23]. Yet, what is the essence of this degree? Is it a license that allows every man to trample women under his feet, or is it a responsibility that requires sincere care and compassionate leadership?

Indeed, Divine legislation is revealed in favour of human interest. It shows him the path to happiness in both this earthly world and the hereafter. Therefore, the Divine rulings are wisely based on easiness, considering the purposes and objectives of the Shariah and the characteristics and natures of human beings. The degree mentioned in the previous Quranic Verse is not a superior position by which men can belittle and humiliate women. Rather, it refers to guardianship, supervision, care, and protection. According to a book of Tafsir entitled At-Tafsir Al-Wāḍiḥ, the degree mentioned in “although men have a degree above them”, is explained by the saying of Allah Almighty: “Men are the caretakers of women…” [4: 34]. Thus, this degree means guardianship; by taking care of them and financially support them. It is an obligation for men[24]. It refers to administration, management, and leadership. Every institution must have an administrator, director, and a leader. Yet, this does not give a special privilege to any party or annul the role of the other. This degree requires gentleness, mercy, cooperation, and other obligatory attributes that a man should have when dealing with his family. Such a degree does not prefer men over women. Rather, it is a responsibility placed on a man’s shoulders, as he will be asked about it on the Day of Resurrection. This degree should not be exceeded to oppress anyone or deny the rights of others[25]. In fact, it sets obligations for both women and men, because this degree is the degree of administration and management[26].

Moreover, the “degree” that Allah gave to men over women, explicitly in the Quranic text, is an overload for men and ease for women whom Islam has chosen for great responsibility. This degree of leadership in the marital, social, and political life is also prescribed in the Sunnah. Without it, chaos would prevail, and the enemy would use our weakness to tear us apart. However, this degree is neither the degree of authority nor the degree of oppression. Rather, it refers to the household administration arising from the covenant of marriage. It is the degree of guardianship assigned to a man. It is a burden carried by him not her, so she should take permission from him to manage her own affairs and the affairs of her children and household. She is entitled to ask him for financial support and also, she can seek help from him[27].

2. Aspects of Guardianship

After reflecting on the Quranic Verses and Prophetic sayings regarding the husband’s guardianship, we can conclude that guardianship is divided into three domains or rulings as follows:

A-Financial Support, Care, and Management

They are among the most important and prominent features of guardianship. Thus, every husband has the responsibility to financially support his wife even if she is rich. In fact, this is the Islamic system of social distribution. The woman has full rights to her earnings and financial support is one of her rights after a valid marriage contract. If she waives her right to financial support by stipulating this in the contract, this condition is deeded as invalid because this negates a fixed Islamic obligation. According to Fiqh scholars, this violates the essence of the contract. In the event that the wife is rich, and her husband is poor, the financial support shall not be waived. He can spend according to his capacity, as the rulings are not set to challenge human instinct[28]. Hence, it is obligatory for every husband to financially support his wife; whether she is rich or poor, Muslim or non-Muslim, provided that she does not refuse to do what he wants if it is permissible and attainable, and that she obeys him if it is good.

It is worth mentioning that some writers claim that there is no need for men to oversee guardianship nowadays in the presence of working wives! This is because they can pay for their own expenses and contribute some of their earnings to help their husbands. This sentence twists the truth. Guardianship is a fixed obligation even if the wife contributes some of her earnings to help her husband. This is because guardianship is prescribed for men, while wifely devotion is prescribed for women just like the functions of the body organs. Our hands cannot perform the function of our eyes even in case of blindness. Each person carries a role appropriate to his human instinct and cooperatively fulfils his duties. They need each other. Most importantly, guardianship is not to financially support the family only. It includes supporting the family religiously; by teaching them the religion; practices and legislations. Allah Almighty says: “O believers! Protect yourselves and your families from a Fire…” (66:6). He Almighty also says: “Bid your people to pray and be diligent in ˹observing˺ it….” (132:2).

b- Mandate (Al-Wilāyah)

Mandate in Arabic means Al-Wilāyah. Linguistically, Al-Wilāyah means support, closeness, and alliance. It strengthens the weakness of the beneficiary. For example, a woman’s guardian is the one who undertakes the marriage contract for her, as she could not marry without his permission[29].

Technically, Al-Wilāyah is an authority for those who are fully liable to enter into agreements and contracts[30]. If it is related to his affairs, such as marrying himself or disposing of his money, then it is a kind of independentmandate . The guardian in relation to marriage: “is woman’s owner, father, agnate, custodian, sponsor, Muslims’ leader, or any practicing liable Muslim.[31]” Imam Malik (may Allah have mercy on him) believes that: “Whoever puts a woman in a good position is her guardian, whether he is from her agnates or relatives, a non-mahram, Muslim’s leader, or a custodian.”[32]. Al-Jaziri said:[33] The guardian’s consent is necessary for a valid marriage. The guardian (in the same sequence) is the father or his custodian, the agnate, the one who released his slave-woman from bondage, and the Sultan in authority [34]. Mandate is divided into two parts: mandate over others and mandate over money. Mandate over money is the liability to preserve the money of an immature, foolish, or insane person in a way that protects the interest of the owners, while mandate over others, is divided into two parts:

• Preserving the interests of the young and the old by attaining benefits and warding off evil.
• Giving a woman’s hand in marriage: (called: the guardian role in marriage). Women will find no embarrassment or difficulty in this, as it does not aim to harm them. Yet, it is the safe side for the girl to protect her from the prevailing modern trends followed by some girls to independently get married. Thus, this kind of guardianship blocks the evil means that badly affect the guardian, family, and society. Through this, there is no regret, loss, or harm. Moreover, Islam forbids guardians to force women to marry whom they do not accept. This contradicts the objective of the Shariah from marriage which is to achieve intimacy, love, and harmony. Islam also forbids them from preventing their daughters from marrying their suitable match or harming them by preventing their marriage following their whim or interest. If the guardian misuses his authority and prevents the girl who is in his guardianship for no reason although the groom is suitable and pious, then his guardianship will be null and void. Then, a judge of an Islamic court can marry her to the suitable person. In fact, preventing her from marrying her suitable match is a kind of injustice, and this case should be filed to the judge[35]. This means that guardianship does not encourage male dominance or female oppression[36]. Guardianship has been legislated to preserve the dignity and interests of women and to ward off harm from them. Obviously, the wisdom of making the guardian a pillar in the marriage contract is that marriage has multiple objectives. Whereas a woman naturally depends on her emotions, her choices are not perfect, so she cannot achieve these prescribed objectives. Therefore, she is prevented from entering the marriage contract, as her guardian is assigned to do this on her behalf to fully achieve the objectives of the marriage. Therefore, the guardian should be qualified to fulfil this duty. He should be a male, adult, sane, wise, and free (not a slave)[37].

In fact, marriage guardianship does not aim to belittle a woman’s mind, dissolve her personality, curb her freedom, or limit her eligibility. Yet, it is an Islamic manifestation of honouring the woman, taking into account her lack of experience with men. For example, she may be attracted to appearance (i.e.: money, beauty), lineage, or reputation. She may fall into the trap of inconvenient marriage neglecting the religious compatibility or the prevailing customs. Such marriage is more likely to fail. Thus, Islam has assigned every man with the duty of helping the woman in his guardianship in choosing a good husband with her permission and consent and through consultations and to protect her from vulgarity that may arise from the situation where she may have to undergo bargaining with the potential husband. Obviously, this guardianship, then, does not contradict the freedom granted to women to choose their husbands. In the event that her guardian refuses to marry her to a suitable match, the judge will have the right too intervene. This is because the guardianship in Islam is intended not to promote man dominance, control, or tyranny. Rather, it is established for providing advice and guidance taking into account the interests of women. As for the authority of guardianship in marriage, it is mentioned in many Quranic Verses, Hadiths, and jurisprudential opinions. Yet, this is not the scope of our research at hand.

C- Divorce:

Divorce is the dissolution of the marital bond by the husband. He has the right to dissolve the marriage. The wife also has the right to divorce herself if he gives her this right. Accordingly, divorce is the third manifestation of guardianship. One of the aspects of mercifulness of Allah Almighty, thathe gave men only the permission to pronounce the word of divorce. He Almighty says: “When you divorce women and they have ˹almost˺ reached the end of their waiting period, either retain them honourably or let them go honourably…”[2: 231]. According to a Prophetic hadith, Divorce is only for the husband, who has the right to enjoy sexual intercourse.[38] This is for two reasons. The first reason is by acquisition, as man is the one who provides for his household and attends to its problems and needs. The second reason relates to his innate nature, as he has more control over his actions and is less impulsive that make him more insightful and contemplative. However, Islam has warned against divorce without a reason. In fact, Resorting much to divorce leads to destruction of families and societies. It is the lesser of two evils for a failed marriage and an unbearable married life after all means of reconciliation have been exhausted. In such unbearable marital life, divorce is a merciful way out if there is no way for reconciliation. Allah Almighty has prescribed its utterances to be three times, saying: “Divorce may be retracted twice, then the husband must retain ˹his wife˺ with honour or separate ˹from her˺ with grace…“ [2: 229]. Thus, His legislation is a mercy and a compromise between an irrevocable divorce and a restriction in case of an absolute divorce based on mere manipulation of whims. Then, this is completed by the legalization of a waiting period for a divorced woman and the command to avoid divorcing her during her menstruation period, taking into account her psychological state during menstruation… All these procedures give an opportunity for the spouses to contemplate, reflect, and think about the family’s interests.

Second: Woman’s Responsibility [Wifely devotion (Al-Hāfidhiyah)]:

1 – The Meaning of Wifely Devotion:

Wifely devotion means Al-Hāfidhiyah. Linguistically, Al-Hafidhiyah refers sometimes to the state of a person by which understanding is established. It also describes the action of establishing information in someone’s mind. It is the opposite of forgetting. Arabs also used it with its verb form to refer to the usage of this power by saying: “Hafidhtu Kadhā Hifdhan” (I perfectly memorized such-and-such). It is also used to refer to the action of inspection, protection and care. Allah Almighty says: “protective of what Allah has entrusted them with…” [4: 34]. This describes wives who protect their husbands’ honour and wealth during their absence, believing that Allah Almighty is watching them. According to another style of Quranic recitation, the function of the word Allah comes as an object, because of their true obedience to Allah Almighty, not for hypocrisy or showing off[39]. Allah Almighty says:

“Men are the caretakers of women, as men have been provisioned by Allah over women and tasked with supporting them financially. And righteous women are devoutly obedient and, when alone, protective of what Allah has entrusted them with.[[ i.e., their husbands’ honour and wealth.]] And if you sense ill-conduct from your women, advise them ˹first˺, ˹if they persist,˺ do not share their beds, ˹but if they still persist,˺ then discipline them ˹gently˺.[[ Disciplining one’s wife gently is the final resort. The earliest commentators understood that this was to be light enough not to leave a mark, should be done with nothing bigger than a tooth stick, and should not be on the face. Prophet Muḥammad (ﷺ) said to his companions “Do not beat the female servants of Allah.” He said that honourable husbands do not beat their wives, and he himself never hit a woman or a servant. If a woman feels her husband is ill-behaved, then she can get help from her guardian or seek divorce.]] But if they change their ways, do not be unjust to them. Surely Allah is Most High, All-Great.” (4: 34)

The last part of the Verse specifies the responsibility of the woman. Yet, its details are mentioned in other Prophetic Hadiths. Imam Ibn Jarir narrated on the authority of Abu Hurairah that he said: The Prophet (PBUH) said: “The best of women is a woman who, if you look at her you are pleased, and if you command her she obeys you, and if you are absent she protects your honour and wealth.” Then, The Prophet (PBUH) recited the whole Verse: “Men are the caretakers of women...” (4: 34)[40]. The words of this Noble Verse and this honourable Hadith are comprehensive. They perfectly reflect the meanings of Al-Hāfidhiyah which means: marital partnership, family stability, chastity, obedience to the husband, the preservation of husband’s money, house and secrets, and the protection of his children, by raising them and teaching them good manners, during his absence or presence; following the Divine Commands. This should be after fulfilling her obligatory worshipping acts. In fact, a woman would be considered righteous only if she fulfilled the rights due to her husband. Commenting on this Verse “protective of what Allah has entrusted them with…”, Imam Abu Bakr ibn Al-‘Arabi (may Allah have mercy on him) said: “It means during the absence of her husband. She should avoid doing anything during his absence which displeases him.”[41] In addition, Sheikh Reda said: “This refers to those who preserve all the secrets pertaining to their marital relationship, so no one could know the secrets of her husband.”[42] Then, this wifely devotion is detailed through other Quranic Verses and honourable Prophetic Hadiths. For example, the Messenger of Allah (PBUH) said in the farewell sermon: “You have rights over your women and your women have rights over you. Your right over your women is that they are not to allow anyone whom you dislike to tread on your bedding (furniture), nor allow anyone whom you dislike to enter your houses. And their right over you is that you should treat them kindly with regard to their clothing and food.”[43]

Briefly, wifely devotion describes the actions of a pious woman; her true righteousness, good parenting skills, obedience to her husband, preservation of the sanctity of this marital sacred bond and strong covenant, and adherence to what Allah has commanded her to protect, during her husband’s absence or presence. Obviously, wifely devotion does not include the duty of preserving marital rights only. Rather, it includes all the rights entrusted to her. She should first obey Allah Almighty and seek His pleasure. In the first place, her obedience to her husband is an act of worshipping and a way to obey Allah Almighty before being a husband’s right.

2- Aspects of Wifely Devotion:

A- Sincerely Preserving Her Family and Keeping her Chastity:

The phrase “protective”, in the saying of Allah Almighty: “…And righteous women are devoutly obedient and, when alone, protective of what Allah has entrusted them with…”, indicates that the wife of the wife in preserving certain things is very crucial. The next phrase also indicates the time of absence and presence (of her husband). Commenting on this Verse, Imam Ar-Rāzi (may Allah have mercy on him) said that it may be understood from two standpoints. The first perceives righteous women as being “devoutly obedient” to Allah, whereas “when alone, protective of what Allah has entrusted them” indicates their fulfilment of their husbands’ rights. Here, the right of Allah preceded the right of the husband. A second interpretation to the Verse would perceive the condition of the woman in relation to her husband’s presence or absence. During the presence of her husband, Allah has described her as devoutly obedient to her husband. And while the sentence is informative, but it is implicitly a command. And certainly, a woman is not righteous unless she is obedient to her husband, because Allah Almighty said: “righteous women are devoutly obedient”. According to Arabs, when adding the Arabic definite article Alif and Lām to a plural word, it indicates genericness (Al-Istighrāq). This means that every righteous woman must be obedient. In addition, the particle “Mā” has two meanings. First, “Mā” comes as a relative pronoun and the intended is an omitted. It means: “with what Allah has preserved for them.” In other words, they must preserve the rights of the husbands, as Allah has preserved their rights by commanding their husbands to treat them justly, retain them honourably, and give them their dowry in fairness. It is a give-and-take relationship. Second, “Mā” comes in the form of an infinitive (Maṣdar) to mean (by Allah’s protection). According to this meaning, there are two aspects. The first aspect is that they, by Divine support, are protective of what Allah has entrusted them with. Through this, it relates to the subject. The second aspect is that the woman is protective of what Allah has entrusted her by adhering to Allah’s limits and commands. Only a woman who strives to follow Allah’s obligations and commands can obey her husband. Through this, it relates to the object. Moreover, Allah Almighty, after mentioning the righteous, mentions the non-righteous women in His saying: “…And if you sense ill-conduct from your women…”[44]. On the authority of Ibn ‘Abbās (may Allah be pleased with both of them), he said, commenting on Allah’s saying: “…And righteous women are devoutly obedient and, when alone, protective of what Allah has entrusted them with…”, that it describes the righteous women who has a good relationship with their husbands[45]. Reflecting on the sequence of the Arabic sentence, it starts with Mubtada’ which has two Khabar. This indicates that the righteous woman is the one who fulfils the rights of her guardian. Accordingly, a woman can be a pickaxe of the house, if she abandons it or neglects the responsibility entrusted to her, which is represented in protecting everything during her husband’s absence. In fact, devotion leads to stability, as it is the backbone of family life. This is because woman, by her nature, preserves the continuation of humans. As a mother, she holds their baby inside their wombs, and provides their offspring with care, nutrition, education, and necessities. As a servant to Allah, she fulfils the Divine duty by obeying Allah and fulfilling the rights of her husband, herself, and her offspring.

B- Obedience in Virtuous Actions:

Allah Almighty has obligated every wife to obey her husband because he is the captain of the family ship, the one taking care of its material and moral affairs as well as assuming the role of the defender and supporter. Undoubtedly, if a wife obeys her husband, she will, thus, protect this ship from sinking, strengthen their marital relationship, and unite the hearts of her family members. Through this, she could eliminate adverse ideas that may cause family instability. In addition, one of the requirements for guardianship is that all members of the family obey the person in charge of their affairs. This enables the family’s convoy to succeed in its journey and to reach safely its destination. In this regard, Allah Almighty says: “And righteous women are devoutly obedient”, as “Qunouṭ” in Arabic means obedience[46]. This refers to women who are obedient to Allah Almighty in what He has commanded regarding the rights of their husbands over their matters. Obviously, the usage of the words clarifies the intended meaning. On the other hand, “And if you sense ill-conduct from your women” means that if you fear their disobedience and their condescension to follow the Divine command and obey their husbands. In such a case, the husband should follow several steps to discipline his rebellious wife. He should first advise her then discipline her… then seek reconciliation through extended family. If the problem is solved, (“But if they change their ways.” -and this is another evidence that confirms a woman’s responsibility towards her husband-), “do not be unjust to them“. If she obeys him, then he has no right to act against her.

Whereas the husband is assigned to oversee the affairs of his family, by exerting his utmost effort to fulfil its needs by protecting it and warding off evil from it, the wife is required, on her part, to obey her husband in virtuous acts. In fact, her obedience to him is obedience to her Lord, and her disobedience to him is disobedience to her Lord. This obedience, which Islam obligated as a right for the husband, should be only in what is virtuous and good. In other words, it is impermissible to obey him in a way that involves disobeying Allah Almighty. In addition, it is inappropriate to ask her to do something that is beyond her ability or to force her to change what is out of her hands.

Third: Objectives of Family Responsibilities:

Islam has established family relationships on three pillars: affection, mercy, and serenity. It has also prescribed specific rulings for the family, regulated the relationship between its members, and defined their rights and duties that they have to realize in order for them to fulfil their purpose in life, protect the family from internal deviations and problems, and ensure the happiness of its members. This is in order to preserve the higher objectives of Islamic legislation[47].The most important objectives of Islamic legislation regarding family responsibilities (regarding guardianship and wifely devotion) are summarized as follows:

1- Enforcing Allah’s jurisdictions:

The most important responsibility of the family is to implement the Divine legislation, maintain its jurisdictions, and strive to please Allah Almighty by establishing a Muslim household. The Almighty said: “…as long as they feel they are able to maintain the limits of Allah.” [2: 230]. Parents are responsible before Allah for raising their children on the Islamic teachings, principles, and morals. In this regard, Allah Almighty says: “O believers! Protect yourselves and your families from a Fire whose fuel is people and stones…” [66: 6]. Any negligence or failure in fulfilling their responsibility will have bad impacts on the behaviour of sons and daughters, and then on society; its structure, way of thinking, and security. Therefore, the most important goal in starting a family is to establish the limits of Allah Almighty, by applying the Divine legislation to all matters of family life, including affection, mercy, fair cohabitation, honourable separation, and cooperation in achieving the main purpose of life; complete servitude to Allah Almighty, and cooperation in conveying the message of Islam.

2- Cohabitation and Complementarity between spouses:

In this regard, Allah Almighty says: “He is the One Who created you from a single soul, then from it made its spouse so he may find comfort in her…” [7: 189]. He Almighty also says: “And one of His signs is that He created for you spouses from among yourselves so that you may find comfort in them. And He has placed between you compassion and mercy. Surely in this are signs for people who reflect.” [30: 21], and “Your spouses are a garment [[“Garment” (libâs) is a metaphor for comfort, chastity, and protection.]] for you as you are for them.” [2: 187]. These two Verses talk about the key objective of marriage and starting a Muslim family. It is the objective of love, affection, and compassion that achieves emotional and spiritual serenity between the spouses, on which marital life is based. Accordingly, if marital life lacks the qualities of compassion, mercy, sincere love, and lifelong fidelity, it will be more like a body without a soul. Life will be meaningless, and no favourable prospects will be expected from this relationship, because the foundations upon which marital life is built have disappeared. Undoubtedly, this building, built without a foundation, will collapse at any moment. This is the secret of establishing a stable marital life, as the Quranic Verses do not refer to that instinctive cohabitation but referred to the spiritual and emotional serenity between the spouses.

Regarding family responsibilities, Islamic legislation aims to achieve peaceful cohabitation, affection, and compassion among family members. Marriage is not a purely sexual relationship. Shariah emphasizes that the aim of this relationship is to achieve serenity between the spouses through mutual feelings of affection and mercy. To achieve this objective, a number of rulings have been established to promote peaceful cohabitation, and good manners for sexual intercourse, and other rulings that provide a familial atmosphere filled with warmth, tenderness and refined human feelings. Peaceful cohabitation, affection, compassion and mercy are the cornerstone of any marital relationship, apart from quarrels and grudges. Peaceful cohabitation is a mutual feeling of assurance shared by two partners in humanity. It is also affection and merciful complementarity that ensure the continuation of the human race and achieve vicegerency on earth. It is not a conflict between two parties who established their building on the edge of a crumbling cliff that is about to collapse. If the foundation of the structure is fragile, the whole family and the nation will be negatively affected, whereby each party would use all possible weapons to demonstrate his strength and prove his/her position. For example, a man may misuse his right of guardianship, higher degree, and obedience to threaten his wife. On the other hand, a woman may resort to sneaky plots and seek trickery to protect herself. Did they intend to marry each other seeking affection, mercy, and serenity? Or did they just decide to get married just for the sake of marriage without renewing their intention to achieve the ultimate objective; to be Allah’s vicegerent (on earth). In fact, the marital relationship between pious spouses, which is full of affection and love, extends to the afterlife.

3- Maintaining Safety and Ensuring Stability for Both Family and Society:

Family is the first natural sanctuary and incubator responsible for protecting, raising, and developing generations; their bodies, minds, and souls. Through mutual understanding, cooperation, consultation, and partnership, harmony is established between each spouse through love, affection, compassion, and solidarity. As a result, the family can live happily ever after. Through this stable family, society can achieve stability as the family has always been the cornerstone of every society. Family is a microcosm of the larger society. If it is corrupted, corruption will prevail and vice versa. Indeed, the main reason behind the crises and problems facing our societies is family instability.

4- Maintaining the Five Universal Objectives:

The ultimate objective of the Islamic Sharia aligns with human interest in this world and the hereafter. Other objectives were based on this highest objective, and all the provisions of the Islamic Sharia, in its entirety and specifics came to achieve these objectives. And the pure Shariah clearly stated, through texts and reasoning, the objectives of its application, regarding the individual, family, or society. If every man and woman maintained their domestic responsibilities in the best way and in accordance with the Divine command, they will achieve the most important general objectives of Islamic legislation by preserving the five necessities stipulated in the Quran and Sunnah. The following points clearly reflect the objectives of marital/family responsibility or guardianship and wifely devotion:

Preserving Religion: Preserving religion is at the top of the responsibilities of every spouse, by applying the Divine law at home, maintaining marital rights, and through cooperation among all family members in worshiping and knowing Allah Almighty. This objective is the main objective and the ultimate goal. Rather, it is the core of the Prophetic mission and the essence Divine message.

Preserving of Honour and Lineage: The objective of preserving honour reflects the purity of religion and the beauty of humanity. Any defamation or humiliation, in this regard, leads to all kinds of vices. Whereas the spouses are responsible for their family, they must protect the family from external influences, warn it against apparent and hidden temptations, and establish upon the fear of Allah, true faith, and good morals inside their hearts. For every wife, she must protect her husband by taking care of his children. Thus, she must enjoin what is good and rebuke what is bad. She also must answer questions raised by her children and build their linguistic capacities. The most valuable thing a woman protects is the lineage of the nation. She protects the nation from promiscuity and vices. Nations are not built on a group of foundlings.

Self-Preservation: Through familial responsibility, self-preservation is achieved. Preserving the lives of the family members has two aspects; after-existence care and before-existence care. First, after-existence care has two meanings: inward protection and outward protection. As for inward protection, it means raising its members on the Islamic morals, teachings, and principles and teaching them how to guard themselves from Hell. As for outward protection, it lies in protecting its members from troubles and problems by providing the family’s needs, such as housing, clothing, food, education, and medicine. Second, before-existence care relates to the stage before starting a family which is the stage of choosing a suitable match. In fact, Islam protects the offspring by encouraging Muslims to choose a pious wife/husband, seek marriage, and flee from all kinds of vices. This before-existence care also includes the mother’s care of her baby during the stage of pregnancy healthily, psychologically, and emotionally, providing for her needs, and avoiding all that may cause harm to the fetus or affect its growth.

Preserving the Mind: Every husband and wife should nurture their children’s minds, boost their skills, and guard their minds. In fact, the most dangerous thing is to leave their children with no weapon to face the darkness of ignorance and the monsters of Westernization and immorality.

Preservation of Money: The man is responsible for financially supporting his family and providing decent living for her. On the other hand, the woman is responsible for preserving her husband’s money in his absence and presence, keeping her chastity, and honour, and managing expenses without exaggeration.

Conclusion

The most important conclusion we can draw from this research is the justice and distinctiveness of Islam in distributing family responsibilities (man’s guardianship and wifely devotion). This distribution respects the innate, physiological and psychological characteristics of each one. In addition, it calls for consultation, understanding, cooperation, compassion, and affection between the bearers of these responsibilities to show that these responsibilities are complementing one another towards achieving great goals, diverse objectives, and immediate and future benefits. In fact, this rebukes the doubts raised by some Orientalists and westerners about Islamic legislation. They claim that Islamic legislation is patriarchal as it humiliates women! A number of conclusions branches out of this main conclusion as follows:

• Guardianship assigned to man is an obligation and a matter of trustworthiness and responsibility, including managing the affairs of the family, protecting it and attending to its material and moral needs.. Above all, it is a Divine obligation that Allah established to ensure the stability of the family.
• Wifely devotion is a Divine obligation. She is responsible for preserving one’s innate blessings of nature, and life, caring for her children, obeying her husband; by protecting his home, money, and children, and keeping his secrets all the time. She can achieve this by following the Divine commands.
• By understanding the reality of family responsibilities and their general objectives and our dire need to apply them, we allow our families to have faith and to become a coherent strong unit following the footsteps of the Messenger of Allah and adhering to the Islamic legislation and other morals such as honesty, sincerity, cooperation, loyalty, love, altruism, piety, and tolerance… Through this, they can build a Muslim society that truly believes in the Divine cosmic laws, respects his nature, and rejects any alteration in the Divine laws.
• The family as a structure is neither just a man nor just a woman, but rather an integrated entity. The man has his responsibility (guardianship), and the woman has her responsibility (devotion), if they love, consult, tolerate, understand, and cooperate, and each fulfills his mission in education and development, they will achieve family and societal stability, and gain the satisfaction of Allah Almighty.
• Effective family responsibility is not just providing for the household material needs or doing the internal household chores; But it is a huge responsibility. It is about creating future generations, contributing to revival of the Islamic nation and preserving its identity and existence.. This can be achieved through raising children and planting the seeds of faith in their hearts, maintaining family stability and serenity, and getting rid of the impurities of disagreements, betrayals, and conflicts.
• The secrets of Islamic legislation and its objectives in legislating marital/family responsibilities are countless. It is enough to say that it comes to achieving family stability and true happiness in this world and the Hereafter.

In conclusion, if the family is established on fragile foundations; knowing nothing about the sublime objectives of family responsibilities, their realities, limits, manifestations, and mutual Islamic rights, it will fall rapidly at the first obstacle. Is it possible for Muslim families today to efficiently carry out their responsibilities and fulfil their duties through utterances and deeds? If so, they will become a role model for society and the whole world amid the dominance of globalization, materialism, global changes, and the war against the family; the last fortresses of Muslims.

May we eliminate selfishness, family conflicts, and one-sided individual interests? May we unite to achieve the objectives of Islamic legislation by fulfilling family responsibilities?

Translated by:

Rehab Jamal Bakri***

**********************

* The reference of the original copy of the article is published in:

رشيد كهوس (2015). المسؤوليات الأسرية في الرؤية الإسلامية ومدونة الأسرة المغربية. في: رائد جميل عكاشة، منذر عرفات زيتون “تحرير” (2015). الأسرة المسلمة في ظل التغيرات المعاصرة. عمَّان: دار الفتح للدراسات والنشر. ص ص. 611 – 654.

** Doctorate in the History of Islam, Université Mohammed Premier (UMP) – Oujda, Morocco, University Professor, Faculty of Fundamentals of Religion, Al-Qarawiyyin University, Morocco. Email: rachid1433@yahoo.com.

[1] البخاري، محمد بن إسماعيل. الجامع الصحيح، تحقيق: مصطفى ديب البغا، بيروت: دار ابن كثير واليمامة، ط. 3، 1407هـ / 1987م، كتاب النكاح، باب قُوا أنفسكم وأهليكم نارًا، حديث رقم 5188، و5200.

Also see:

• مسلم، أبو الحسين بن الحجاج القشيري النيسابوري. صحيح مسلم، تحقيق: محمد فؤاد عبد الباقي، بيروت: دار إحياء التراث العربي (د. ت)، كتاب الإمارة، باب فضيلة الإمام العادل وعقوبة الجائر، والحث على الرفق بالرعية والنهي عن إدخال المشقة عليهم، ج۳، حديث رقم 1829، ص. 1459.

[2] الفيومي، أحمد بن محمد بن علي المصباح المنير، بيروت: المكتبة العصرية ط. 3، 1420هـ / 1999م، مادة: قام، ص268.

Also see:

• الرازي، محمد بن أبي بكر عبد القادر. مختار الصحاح، بيروت: دار الفكر العربي، ط1، 1997م، مادة: قاوم، ص244.
• الزمخشري، جار الله فخر خوارزم محمود بن عمر أساس البلاغة، تقديم وشرح وتعليق: محمد أحمد قاسم بيروت المكتبة العصرية، ط. 1، 1423هـ / 2003م، مادة: قوم، ص. 711.
• الأصفهاني، أبو القاسم بن المفضل المعروف بالراغب معجم مفردات القرآن، ضبط وتصحيح وتخريج: إبراهيم شمس الدين بيروت: دار الكتب العلمية، ط1،1418هـ / 1997م، مادة: قوم، ص. 464.
• الزجاج، أبو القاسم معاني القرآن وإعرابه، تحقيق: عبد الجليل عبده شلبي، بيروت: عالم الكتب، 1408هـ / 1998م، ج. 2، ص. 46.

[3] الفيروز آبادي مجد الدين بن يعقوب بصائر ذوي التمييز في لطائف الكتاب العزيز، تحقيق: محمد علي النجار، القاهرة: المجلس الأعلى للشؤون الإسلامية لجنة إحياء التراث الإسلامي، 1412هـ / 1992م، ج. 4، مادة: قوم، ص. 309.

[4] كركر، عصمة الدين المرأة في العهد النبوي، بيروت: دار الغرب الإسلامي، ط. 1، 1993م، ص. 216.

[5] ابن عطية، أبو محمد عبد الحق بن غالب بن عطية الأندلسي. المحرر الوجيز في تفسير الكتاب العزيز، تحقيق: المجلس العلمي بفاس الرباط: منشورات وزارة الأوقاف والشؤون الإسلامية 1397هـ / 1997م، ج. 4، ص. 103.

[6] He is: Muhammad Metwally Ash-Sha’rawi (15) April 1911 AD – June 17 (1998 AD), the leader of callers to Islam in the modern era, a religious scholar and the former Egyptian minister of endowments. He is one of the most famous contemporary exegetists of the meanings of the Noble Quran. He has many remarkable writings, including: Tafsir Ash-Sha’rawi lil Quran Al-Kareem (Ash-Sha’rawi Interpretation of the Holy Quran), Al-Insān Al-Kamel, Muḥammad [Muhammad (PBUH), The Perfect Man], Al-Adilah Al-Mādiah ‘Alā wojoud illāh (Physical Evidence for the Existence of God), As-Sirah An-Nabawiyyah (The Prophet’s Biography), and others.

[7] الشعراوي، محمد متولي. فتاوى النساء، القاهرة: مكتبة التراث الإسلامي، ط. 4، 1422هـ / 2001م، ص ص. 99 – 100 

[8] القرضاوي، يوسف مركز المرأة في الحياة الإسلامية، بيروت مؤسسة الرسالة، ط. 1، 1421هـ / 2000م، ص. 24.

[9] He is ‘Abd ar-Rahman ibn Nasser ibn Abdullah as-Sa’di at-Tamimi (d. 1367 AH), an exegetist and a Hanbali scholar from Najd. He was born and died in ‘Unayzah, Qassim. He was the first to establish a library there (in the year 1358). He wrote about 30 books, including: Tayseer al-Karim al-Mannān fi Tafsir al-Quran, Tayseer al-Laṭif fi Khulasit Maqāsid Al-Quran, and others. Also see:

• الزركلي خير الدين الأعلام، بيروت: دار العلم للملايين، ط. 5، 1980م، ج. 3، ص. 340.

[10] السعدي، عبد الرحمن بن ناصر تيسير الكريم الرحمن في تفسير كلام المنان، تحقيق: عبد الرحمن بن معلا اللويحق، بيروت: مؤسسة الرسالة، ط. 1، 1420هـ /2000م، ص. 177.

[11] ‘Abdullah ibn ‘Abbas (may Allah be pleased with both of them), commenting on the Saying of Allah: “and tasked with supporting them financially“, said it means dowry and expenses. Also see:

• ابن الجوزي عبد الرحمن بن علي بن محمد زاد المسير في علم التفسير، بيروت: المكتب الإسلامي، 1404هـ، ج. 2، ص. 74.

[12] خبيزة، محمد يعقوبي نقض النظرية المغرضة في ظلم الإسلام للمرأة”، مجلة الإحياء، رابطة علماء المغرب عدد 15، الرقم المتسلسل 27، شوال 1420هـ / يناير 2000م، ص ص. 235 – 236.

[13] سيد قطب في ظلال القرآن بيروت دار إحياء التراث العربي، ط9، 1391هـ / 1971م، ج. 4، ص. 353.

[14] بر، فتنت مسكية حقوق المرأة بين الشرع الإسلامي والشرعة العالمية لحقوق الإنسان، بيروت: مؤسسة المعارف، ط. 1، 1413هـ / 1992م، ص ص.107 – 108.

[15] قطب في ظلال القرآن مرجع سابق، ج. 4، ص. 355.

[16] زيدان عبد الكريم. المفصل في أحكام المرأة والبيت المسلم في الشريعة الإسلامية، بيروت: مؤسسة الرسالة، ط. 2، 1415هـ / 1994م، ج.7، ص ص. 277 – 279.

Also see:

• البهي الخولي الإسلام والمرأة المعاصرة، الكويت دار القلم ط. 4، 1404هـ / 1984م، ص ص. 75 – 76.
• بلتاجي، محمد مكانة المرأة في القرآن الكريم والسنة الصحيحة، القاهرة: دار السلام، ط. 1، 1420هـ / 2000م، ص. 106.
• نمر، السيد محمد إعداد المرأة المسلمة جدة الدار السعودية ط. 2، 1983 /1404هـ / 1983م، ص ص. 43 – 44.

[17] الغزالي، محمد قضايا المرأة بين التقاليد الراكدة والوافدة، القاهرة: دار الشروق، ط. 3، 1412هـ / 1991م، ص. 154.

[18] Seven times in Surat Al-Baqarah, verses No. (187, 229, 230), once in Surat Al-Nisaa’, verse No.: 13, once in Surat At-Tawbah, verse No.: 97, once in Surat Al-Mujadalah, verse No.: 4, and once in Surat At-Talaq, verse No.: 1.

[19] Surat Al-Baqarah, verse No.: 229.

[20] Similar to verse No. 97 in Surat At-Tawbah.

[21] الغزالي، قضايا المرأة بين التقاليد الراكدة والوافدة، مرجع سابق. ص. 155.

[22] بلحاج، نادية المرأة والوضع الأسري، الرباط مطبعة المعارف الجديدة، 1997م، ص. 140.

[23] ياسين، عبد السلام تنوير المؤمنات الدار البيضاء مطبوعات الأفق، ط. 1، 1996م، ج. 1، ص. 55.

[24] حجازي، محمد محمود التفسير الواضح بيروت: دار الكتاب العربي ط. 1، 1402هـ / 1982م، ج. 1، ص. 67.

[25] عفيفي، عبد الله المرأة العربية في ظل الإسلام لبنان: دار الكتاب العربي، (د. ت.)، ص. 37.

[26] رضا، محمد رشید. نداء إلى الجنس اللطيف: حقوق النساء في الإسلام وحظهن من الإصلاح المحمدي العام، تعليق محمد ناصر الدين الألباني، بيروت ودمشق: المكتب الإسلامي (د. ت.)، ص. 36.

[27]شلتوت، محمود الإسلام عقيدة وشريعة القاهرة: دار الشروق، ط. 17، 1411هـ / 1991م، ص ص. 156-157.

[28] أبو زهرة، محمد المجتمع الإنساني في ظل الإسلام، جدة: الدار السعودية للنشر والتوزيع، ط. 2، 1401هـ / 1981م، ص ص. 110 – 111.

[29] الرازي مختار الصحاح، مرجع سابق، مادة: ولى، انظر أيضًا: – الفيروز آبادي، بصائر ذوي التمييز في لطائف الكتاب العزيز، مرجع سابق، ج. 5، ص. 281.

[30] الزحيلي وهبة الفقه الإسلامي وأدلته، دمشق: دار الفكر، ط. 3، 1409هـ / 1989م، ج. 7، ص. 187.

[31] الرصاع شرح حدود ابن عرفة، مرجع سابق، ص. 218.

[32] القرطبي، محمد بن أحمد الجامع لأحكام القرآن القاهرة دار الكتاب العربي، 1967م، ج. 3، ص. 75.

[33] He is Abdul Rahman bin Muhammad Awad Al-Jaziri, a jurist from Al-Azhar. He was born on Shandawil Island (Sohag Center in Egypt in the year 1299 AH. He was educated in Al-Azhar and studied there. He was appointed inspector of the Department of Mosques at the Ministry of Endowments, and he was a member of the Council of Senior Scholars. He died in Helwan in the year 1360 AH. Among his works are: Jurisprudence on… The Four Doctrines,” “Clarification of Doctrines,” “Religious Ethics and Sharia Law,” and others. See:

• الزركلي، الأعلام، مرجع سابق، ج. ۳، ص ص. 234-235.

[34] الجزيري، عبد الرحمن بن محمد عوض. كتاب الفقه على المذاهب الأربعة، بيروت: دار ابن حزم، ط. 1، 1422هـ /2001م، ص. 826.

[35] صالح سعاد إبراهيم. قضايا المرأة المعاصرة رؤية شرعية ونظرة واقعية، القاهرة: مكتبة التراث الإسلامي، ط. 1، 1423هـ / 2003م، ص. 50.

[36] ابن معجوز، محمد أحكام الأسرة في الشريعة الإسلامية وفق مدونة الأحوال الشخصية، الدار البيضاء مطبعة النجاح الجديدة، ط. 2، 1410هـ / 1990م، ص. 85.

[37] القرطبي، الجامع لأحكام القرآن مرجع سابق، ج. 3، ص. 73.

[38] ابن ماجه أبو عبد الله محمد بن يزيد سنن ابن ماجه دمشق دار إحياء الكتب العربية (د. ت)، كتاب الطلاق باب طلاق العبد، ج. 1، حديث رقم2081، ص. 672. قال الألباني: “حديث حسن”.

[39] الأصفهاني، معجم مفردات القرآن، مرجع سابق، ص ص. 244 – 245.

[40] الطبري، أبو جعفر محمد بن جرير جامع البيان في تأويل القرآن، تحقيق: أحمد محمد شاكر، بيروت: مؤسسة الرسالة، ط. 1، 1420هـ / 2000م، ج. 8، ص. 295.

Also see:

• الحاكم، أبو عبد الله محمد بن عبد الله المستدرك على الصحيحين، تحقيق: مصطفى عبد القادر عطا، بيروت: دار الكتب العلمية، ط. 1، 1411هـ / 1990م، ج. 2، ص. 161.

[41] ابن العربي، أبو بكر المعافري المالكي أحكام القرآن بيروت: دار الفكر، (د. ت.)، ج. 1، ص. 435.

[42] رضا، محمد رشيد حقوق النساء في الإسلام بيروت: دار الكتب العلمية، ط. 1، 1426هـ / 2005م، ص. 38

[43]. الترمذي، السنن، مرجع سابق، كتاب الرضاع، باب ما جاء في حق المرأة على زوجها، ج. 3، حديث رقم1163، ص467. وقال أبو عيسى: “هذا حديث حسن صحيح”.

[44] الرازي، فخر الدين أبو عبد الله محمد التفسير الكبير أو مفاتيح الغيب، القاهرة: المطبعة البهية المصرية، (د. ت)، ج.۱۰، ص ص. 87 – 89

[45]. أبو حيان، محمد بن يوسف الأندلسي. البحر المحيط في التفسير دراسة وتحقيق وتعليق: عادل أحمد عبد الموجود وعلي محمد معوض، بيروت: دار الكتب العلمية، ط. 1، 1413هـ / 1993م، ج. 3، ص. 249.

[46]ابن منظور، محمد بن مكرم لسان العرب بيروت دار صادر، ط. 1، (د. ت.)، ج. 2، مادة: قنت، ص. 73.

Also see:

الزحيلي، وهبة أصول الفقه الإسلامي، دمشق: دار الفكر، ط. 1، 1416هـ /1986م، ج. 2، ص. 1017

[47] Objectives of the Islamic legislation are: “The meanings and goals in the Shariah deduced from all Islamic rulings or most of them, or it is the purpose of the Shariah and the secrets which Allah, the Lawgiver, set for each ruling.”

*** Egyptian Researcher and Translator.